DECENTRALIZATION OF POLITICAL POWERS.

Today all the law making powers are with Central Government and State Governments. By misusing this powers, Governments impose heavy tax on common masses and collect lakhs of crores of rupees and waste as per their desire. Consequently 90% common masses are becoming poorer and poorer and heading to the death jaws. This entire system calls for total change. Complete legislative powers, tax collecting powers and judiciary powers must be totally decentralized to villages and towns. The constitution should be amended in such a way that the present powers of Central and State Governments must be decentralized and distributed into 5 different categories as under i.e.
(1)     Powers of village and towns - as per Village List
(2)     Powers of District Panchayats - as per District List
(3)     Powers of State Government - as per State List
(4)     Powers of Central Government - as per Union List
(5)     Powers of Judiciary - as per Justice List.
          In this way all the administrative economic and legal subjects have been distributed into 5 categories. The major powers are vested in the village list. So half million villages and thousands of towns will become the real centers of powers instead of New Delhi and State capitals. District Panchayats will have somewhat subordinate powers compared to the powers of villages and towns. State Government will have still less powers. And powers of Central Government will be confined to only a few limited subjects of defence, foreign affairs, currency and such other national level matters. We have carefully distributed various subjects into above 5 lists and all the major subjects affecting the life of the people are included in the Village List only. So practically every village will become almost sovereign authority. The Village List will be as under.

VILLAGE LIST : -

Security of life and property.

Drinking water.

Agriculture, including land ceiling.

Irrigation, water management and watershed development.

Animal husbandry, dairying and poultry.

Rural electrification, including generation and distribution of electricity.

Khadi, village and cottage industries.

Small scale industries, including food processing industries.

Education, including primary and secondary schools and colleges.

Trade and commerce within and outside the village including export.

Police.

All judiciary matters relating to village.

Land improvement, implementation of land reforms, land consolidation and soil conservation.

Forestry including social forestry and farm forestry.

Forest produce.

Rural housing.

Fuel and fodder.

Roads, culverts, bridges, ferries, waterways and other means of communication.

Non-conventional energy sources.

Poverty alleviation programs.

Women and child development.

Technical training and vocational education.

Adult and non-formal education.

Family welfare.

Prohibition.

Health and sanitation, including hospitals, primary health centres and dispensaries.

Social welfare.

Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.

Public distribution system.

Narrocasting.

Property ceiling and acquisition.

Ban on Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.

Ban on betting and gambling.

Banning of slaughter houses.

Land revenue, including and assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.

Taxes on agricultural income.

Taxes on lands and buildings.

Taxes on luxuries, including taxes on entertainments, amusements.

Taxes on income other than agricultural income.

Taxes on income from outside the village.

Taxes on vehicles & tractors.

Public amenities including street lighting, parking lots, bus stops and public conveniences.

Cattle pounds; prevention of cruelty to animals.

Ponds and the prevention of cattle trespass.

Land, that is to say, right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement; and agricultural loans; colonization.

Works, lands and buildings vested in or in the possession of the village.

Markets and fairs.

Libraries and cultural activities.

Theatres and dramatic performances; cinemas, sports, entertainments and amusements.

Money-lending and money-lenders; relief of agricultural indebtedness.

Pilgrimages.

Maintenance of community assets.

Vital statistics including registration of births and deaths.

By studying the above Village List, one can observe that Gram Sabha of the village will have full legislative powers to make any law relating to security and protection of life and property, any suitable arrangement for justice, any law for determining ceiling on property (except self cultivating agricultural land), any law for snatching away excess property, all the powers for business and occupations, all the powers to make any law about agriculture, irrigation, animal husbandry, forest and forest produce, cottage and small scale industries, water supply, housing, roads, electricity generation and all the welfare of the people such as education, health, customs, traditions, welfare of the society and so on. In towns, similar powers will be with towns. So village will be able to make new laws as per their own desire and they will be able to cancel the any law which they do not like. Any law made by Central or State Government will not be effective in the village against the desire of the village. All the judiciary powers also will be in the village itself. So village will be the real center of powers and present Government will have only nominal powers. All the tax collecting powers also will vest in villages and towns. The Governments will be given 20% share from the collection of the taxes and they will have to manage the affairs from what they get from the villages. This will be the real Swaraj.

         Now let us see District List
         DISTRCT LIST:-

Industries other than small scale industries.

Irrigation within the District.

Urban planning including town planning.

Planning of land-use and construction of buildings.

Planning for economic and social development.

Roads and bridges.

Water supply for domestic, industrial and commercial purpose.

Public health, sanitation conservancy and solid waste management.

Fire services.

Urban forestry, protection of the environment and promotion of ecological aspects.

Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.

Slum improvement and upgradation.

Urban & rural poverty alleviation.

Provision of urban amenities and facilities such as parks, gardens, play-grounds.

Promotion of cultural, educational and aesthetic aspects.

News papers.

Taxes on advertisements.

Taxes on goods and passengers carried by road or on inland waterways.

Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars.

Taxes on mineral rights.

Taxes on income other than agricultural income.

Taxes on the capital value of the assets, exclusive of agricultural land, of individuals taxes on the capital of companies.

Corporation tax.

Rates of stamp duty in respect of documents.

Libraries, museums and other similar institutions ancient and historical monuments and records.

Communications, that is to say, roads, bridges, ferries, and other means of communication municipal tramways; roadways; inland waterways and traffic thereon with regard to such waterways; vehicles.

Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.

Regulation of mines and mineral development with respect to regulation and development.

Gas and gas works.

Medicinal and toilet preparations containing alcohol.

Trade unions; industrial and labour disputes.

Factories.

Boilers.

Electricity.

Newspapers, books and printing presses.

Archaeological sites and remains.

Incorporation, regulation and winding up of corporation, universities; unincorporated trading, literacy, scientific, religious and other societies and associations; co-operative societies.

Manufacture, supply and distribution of salt.

Sanctioning of cinematograph films for exhibition.

Transfer of property other than agricultural land; registration of deeds and ocuments.

Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.

Trust and trustees.

Forest.

Adulteration of foodstuffs and other goods.

Drugs and poisons, with respect to opium.

Economic and social planning.

Population control and family planning.

Custody, management and disposal of property.

Acquisition and requisitioning of property.

Social security and social insurance; employment and unemployment.

Welfare of labour including conditions of work, provident funds, employers liability, workmen's compensation, invalidity and old age pensions and maternity benefits.

Education, including technical education, medical education and universities, vocational and technical training of labour.

Legal, medical and other professions.

Charities and charitable institutions, charitable and religious endowments and religious institutions.

Prevention of the extension from one State to another of infectious or contagious diseases of pests affecting men, animals or plants.

Cremations, cremation grounds and electric crematoriums. Burials and burial grounds;
 

By studying the above list, one can observe that District authorities will have powers just to become helpful to the villages and towns. In various matters, village is too small to carry out activities affecting the entire District. So naturally, some important powers are kept the District authority. But all basic powers to enjoy Swaraj are vested in villages and towns. So all the powers with District are for facilitating the implementation of various schemes in villages and to become helpful in planning such activities.

         Now let us study the State List.
         STATE LIST:-

Industries.

Mines.

Broadcasting.

Trade and commerce with foreign countries;

Atomic energy and mineral resources necessary for its production.

Shipping and navigation on inland waterways.

Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies.

Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.

Ports.

Port quarantine, including hospitals connected therewith; seamen's and marine hospitals.

Airways; aircraft and air navigation; provision of aerodromes.

Carriage of passengers and goods by railway, sea or air, or by national waterways in mechanically propelled vessels.

Regulation of mines and minerals development.

Regulation of labour and safety in mines and oilfields.

Fishing and fisheries beyond territorial waters.

Copyright; trade marks and merchandise marks.

Ancient and historical monuments and records, and archaeological sites and remains.

Vagrancy; nomadic and migratory tribes.

Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.

Commercial and Industrial monopolies, combines and trusts.

On studying the State List, it is clear that there are only 20 subjects for the State. So they have minimum powers. Most of the powers have been distributed between villages and districts.

         Now let us see the Union List.
         UNION LIST:-

Defence of India.

Naval, military and air forces; any other armed forces of Union.

Naval, military and air force works.

Delimitation of cantonment areas.

Foreign affairs.

Diplomatic, consular and trade representation.

Foreign trade policy matter.

Citizenship, naturalization and aliens.

Extradition.

Admission into, and emigration and expulsion from India; passports and visas.

Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air.

Currency, coinage and legal tender; foreign exchange.

Reserve Bank of India.

Post and telegraph policy matters.

Post Office Savings Bank.

Aviation.

Terminal taxes on international passangers.

Import and export across customs frontiers; definition of customs frontiers.

Duties of customs on import.

Railway policy matters.

Broad casting (Only policy matters).

National highways (only policy matters).

Establishment of standards of weight and measure.

The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organizations.

Census.

United Nations Organizations.

Policy matters of posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication.

One can observe that most of the powers with the union is for national importance and some powers are for policy making only. Implementation will be at lower level. So government will have less burden of work and hence less staff and hence less bureaucracy. This arrangement will be ideal. "The Government which rules the least is the best" is achieved here.

         Now let us see the Justice List.
         JUSTICE LIST :-

Administration of Justice, Constitution, organization, jurisdiction and powers of the Rashtriya Nyay Sabha, Rajya Nyay Parishad, Jilla Nyay Samiti, Gram Nyay Panch.

Extension of the jurisdiction of a Rajya Nyay Parishad / Jilla Nyay Samiti to, and exclusion of the jurisdiction of a Rajya Nyay Parishad / Jilla Nyay Samiti from, any union territory.

All elections in the country i.e. Lok Sabha, Legislatures of States, District Panchayats, President, Vice-President. The Election Commission. Rashtriya Nyay Sabha, Rajya Nyay Parishad, Jilla Nyay Samiti, Gram Nyay Panchayat.

Central Bureau of Intelligence and investigation.

Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other States for the use of prisons and other institutions.

Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of India; persons subjected to such detention.

Audit of the accounts of the Union and of the States. Controller and Auditor general of India.

Offences against laws with respect of any of the matters.

Courts of wards encumbered and attached estates.

Civil procedure, including all matters included in the Code of Civil Procedure limitation and arbitration.

Actionable wrongs.

Bankruptcy and insolvency.

Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition, all matters.

Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.

Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears arising outside that State.

Inquiries and statistics for the purposes of any of the matters.

Fees in respect of any of the including fees taken in any court.

Salaries and allowances of members of Parliament, MLAs, ministers of Central and State Governments members of District Panchayats etc.

By this arrangement of decentralization, our country will really enjoy Swaraj and will make progress and will become one of the strongest country of the world. Unfortunately, in last 50 years, our car of swaraj has traveled into reverse direction and has reached to the destination of slavery. Gandhiji defined that swaraj is the constant effort to get rid of Government controls. By adopting the above provisions in the Constitution, we will really create the real swaraj desired by Gandhiji.